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The Libyan League For Human Rights

Monday, 11 December, 2006

allibyah@yahoo.com
Tel: 00-41-79-742-8470

Course of legal proceedings in the case of
the disappearance of Mr. Mansour Rashid al-Kikhia

December 10, 1993

Following the disappearance of former Libyan foreign minister Mansour Rashid Kikhia on December 10, 1993 while in Cairo to attend meetings of the Arab Organization for Human Rights, The Libyan League for Human Rights (LLHR) acted on both humanitarian and legal fronts to shed light on this abominable crime that violated the fundamental rights of Mr. Kikhia as well as the basic rules of international Human rights law. Following are the main steps that have been taken:

-- In 1996, the LLHR filed suit against the Egyptian minister of the interior in his official capacity, (case no. 13477/1996 Civil/General, South Cairo), holding him liable for the disappearance of Mansour Kikhia. At a hearing on March 21, 1998 the court dismissed the lawsuit on the grounds that it failed to demonstrate error or shortcoming attributable to the defendant.

-- The LLHR contested this verdict, and proceeded to contest it via a Notice of Appeal filed on 16 April 1998 (no. 6181/15).

-- At a hearing on February 22, 1999 the Court of Appeal ruled in our favor, overturning the earlier verdict and ordering the defendant to pay 100,000 Egyptian pounds in compensation. It upheld the validity of the grounds for appeal, which were based on the application of international human rights law, as well as previous rulings by the Egyptian Court of Cassation. These had affirmed the state’s liability in the event of attacks on foreign nationals resident or present in its jurisdiction, should it be proven that it failed to protect them or fulfill its obligations towards them in keeping with the need to provide security and safety on its territory.

-- The defendant proceeded to challenge the ruling on March 1, 1999 and the Court of Cassation overturned the verdict and ordered a retrial.

-- On November 27, 2001 the Cairo Court of Appeal issued a new ruling in favor of the defendant, and dismissed our original lawsuit.

-- On January 17, 2002 we took a further step in the litigation process by Petitioning the Egyptian Court of Cassation to annul the Court of Appeal’s ruling, on the grounds that it contravenes the law and is based on flawed reasoning and inferences.

-- To date, the Court of Cassation has not set a date for hearing our appeal, which we hope to be in favor of Mr. Kikhia.

The LLHR will keep you informed on any new development.


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